The Difficult Situation Of China's Environmental Administrative Law Enforcement Countermeasures

As a forceful way of legal ruling, the enforcement of environmental law plays an important part in cracking down the illegal activities of environmental protection, especially in promoting the environment protection according to law. Currently China faces a rigorous condition of environment. In the transition towards market economy, the economic interest drive, short-term activities guided by the thinking of "more focus on economy , less on environmental protection" and some "administrative interferences" have lead some regions, departments and corporations to disregard the environmental laws and regulations, wallow in their ignorant way of manufacture and stick to their utter disorder in sewage disposal, making the pollution even worse. Moreover, the unsoundness of basic environmental protection organizations and severe shortage of law enforcement have rendered the environmental supervision in a weak status. In addition to the restraint of local protectionism, the enforcement of environmental protection becomes very difficult and little rewarding, making it pain to the Chinese environmental protection law enforcers beyond words. It is responsible for every scholar who cares about the environmental issues, to think about how to enforce and promote the enforcement of environmental protection law and improve its effectiveness to control the environmental and ecological pollution, improve the environmental quality continuously and finally achieve the environment goal.Therefore, this thesis analyzes the overall situation of environmental protection law enforcement in China, and embarking from the actual issues acquainted in basic law practice, this thesis analyzes the representations and major reasons of the difficulty in China's environmental protection law enforcement; also, combined with the environmental protection law practice in developed countries, this thesis discusses about the methods in improving the situation of "difficulty in environmental protection law enforcement", and raises practical suggestions.The major research of this thesis includes:1. analyzing current situations of environmental protection law enforcement in China; 2. with typical cases, concluding the representations of the difficulty in environmental protection law enforcement; 3. analyzing the major reasons of the difficulties in environmental protection law enforcement; 4. analyzing the environmental law practices in developed countries; 5. exploring the methods of improving the situation in environmental protection law enforcement. This thesis holds it, that analyzing from the procedures in administrative law enforcement, the "difficulty in environmental protection law enforcement" mainly reveals in the difficulties in investigation and obtaining evidences, and the difficulties in compulsory enforcement. As an abnormal social and legal phenomenon, the generation and existence of "difficulty in environmental protection law enforcement" is the result of both internal and external causes. The internal causes mainly include the law enforcement method, privileges, systems and the individual qualities of the subjects of law enforcement; the external causes include the inadequacy of enforce foundation, local protectionism, uncooperation of administration, unsoundness of responsibility investigation system as well as public participation mechanism etc. In a deeper level, the root cause of the difficulty in environmental protection law enforcement lies in China's relatively low productivity, extensive way of economy development and weak consciences in environmental protection. Therefore, the difficulty in environmental protection law enforcement is not only a legal problem but also a comprehensive problem relating to politics, economy, society and other aspects, so it should be solved in the scientific sustainable development. The countermeasures include many such as perfecting the legal system, combing the law practice system and responsibility investigation system, enhancing law practice ability, and encouraging more public participation etc.This thesis tries to research on the representations of the difficulty in environmental protection law enforcement in order to analyze the problems in each linkage and provide references for improving the working level in environmental protection law enforcement, establishing standards and systems in the enforcement.